Which States Allow a Transfer on Death Deed? All 50 States and D.C.

Which States Have a Transfer on Death Deed? Every State’s Answer, With the Statute

34 states and D.C. have a statute that creates a transfer on death deed or a similar recorded instrument for real estate, and 16 states do not. “Yes” means that state’s statute creates a transfer on death deed or a similar recorded instrument for real estate, and the next column gives the name the statute uses. “No” means our data records no such statute. Select a column heading to sort. Each state name links to our guide for that state where one exists, and to the state’s property transfer page otherwise.

Swipe sideways to see every column.

The statute column shows the citation our state data records for each instrument. In the last column, a linked statute opens the official code section we read. “Not yet in our sourced data” means we have not finished sourcing that state’s other routes, not that it has none. A row marked “not yet checked against the code” carries an answer our data records but we have not yet read in the official code text, so treat it as unconfirmed. Laws change, so read the statute or your state guide before you sign or record a deed.

What a Transfer on Death Deed Does, and What It Does Not

A transfer on death deed lets an owner name who receives real estate at death. The Uniform Law Commission describes its model Real Property Transfer on Death Act as providing “a simple process for the non-probate transfer of real estate.” Each state’s own statute sets how the deed must be signed and recorded, and what happens if a beneficiary dies first.

Illinois and Ohio use an instrument that is not called a deed, so follow that state’s own form and wording rather than a generic deed template.

States Without a TOD Deed: Other Routes Their Statutes Record

Florida, Michigan and Vermont use a life estate deed, covered in the next section. For Connecticut, Idaho, Pennsylvania, Rhode Island, South Carolina and Tennessee, we have not yet sourced the other routes, so their rows say so rather than guess. A revocable trust appears in 7 of the 7 lists above, and our guide to avoiding probate compares the other routes.

Lady Bird and Enhanced Life Estate Deeds

Our data does not record whether any state with a TOD deed also allows a Lady Bird deed, so this page does not claim it for any of them.

How Do You Make and Record a TOD Deed?

You sign the deed with the formalities your state’s statute sets and record it with the land records office where the property is located. The rules inside each step come from that statute, so open your state’s row in the table first.

1. Confirm the state and the instrument. Use the row for the state where the property is located, and note the name its statute uses.
2. Read the signing rules. Your state’s statute, or our state guide where one exists, sets who must sign, and whether the deed needs a notary or witnesses.
3. Describe the property exactly. Copy the legal description from the current recorded deed, and name each beneficiary.
4. Record it, and check the timing. File the signed deed with the land records office where the property is located. In Alaska, Arizona, Colorado, Delaware, District of Columbia, Georgia, Hawaii, Illinois, Indiana, Kansas, Maine, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New York, North Dakota, Ohio, Oregon, South Dakota, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin and Wyoming, the statute, as our data records it, requires the deed to be recorded before the owner’s death. For any other state, read its statute for the recording rule.
5. Tell someone where it is. Keep a recorded copy with your estate papers so your executor and beneficiary can find it.

After the Owner Dies: What the Beneficiary Does

The beneficiary will want a certified death certificate and a copy of the recorded deed. Some statutes also set a step, with a deadline, for the beneficiary after the death, so read the state’s statute, or our state guide where one exists, before relying on the deed. If the home carries a loan, read what happens to a mortgage when the borrower dies. For homes that pass by will, joint title or court order instead, see how property transfers after a death.